Nassau County Supreme Court Finds that Contractor is Entitled to a Hearing Before a Temporary License may be Revoked

A case out of the Nassau County Supreme Court demonstrates the difficulties contractors and businesspeople encounter when seeking or maintaining licenses. The case involves issues of administrative law, licensing, and business operation.

The case, Matter of Malley v. Farley, 2011 N.Y. Misc. LEXIS 3321, Index No. 05990-2011 (July 7, 2011), involved a contractor who had previously obtained a temporary county Home Improvement License. Following a Complaint by a former customer, the county revoked the contractor’s license without a hearing, noting that the contractor had previously worked for another company which had its license revoked due to a “pattern of unfair dealings with consumers.” After the Complaint was settled, the county continued to refuse to reinstate the contractor’s license. Justice Marber, however, found that Due Process required that the county provide the contractor with a hearing, noting that he had a property right in the license which had been revoked and that the suspension of the license “impedes [the contractor’s] ability to conduct business and as such an injury in fact has been visited upon [the contractor].” Thus, the court lifted the suspension of the license pending a hearing.

Malley highlights the difficulties many businesspeople face in obtaining and maintaining licenses: although licensees may face difficult hearings following alleged misconduct, it can sometimes be difficult even to obtain a hearing in the first place. Moreover, although the contractor may have his license reinstated, he could have lost substantial business during the time that the license was suspended.

About Post Author

Lewis Tesser is a senior partner in the New York law firm of Tesser, Ryan & Rochman, LLP, concentrating his practice in litigation and mediation, representing licensed professionals and professional practices, administrative law and commercial law. Lew Tesser is Vice-President of the New York County Lawyers’ Association and Director of its Ethics Institute.
Prior to private practice, Mr. Tesser was an Assistant United States Attorney in the Eastern District of New York. In that capacity, he represented various agencies of the United States government in litigation in the United States District Court and United States Court of Appeals. Mr. Tesser also served as a Judge Advocate in the United States Army where he prosecuted and defended criminal cases and was the chief legal advisor to the Commanding General of the U.S. Army War College, Carlisle, Pennsylvania. He also has served as an Arbitrator for the American Arbitration Association, New York City Civil Court, a Judge for the Environmental Control Board of the City of New York and a lecturer for various Bar Associations and New York area law schools.
Mr. Tesser, who was admitted to practice in 1971, is a 1970 Honors graduate from the National Law Center, George Washington University, a Masters graduate from the Wharton Business School, University of Pennsylvania (l974) and a graduate of the Harvard Law School Program of Instruction for Lawyers. He is a past President of Congregation Sons of Israel, Nyack, NY.
Publications and Speaking Engagements
Editor-In-Chief, “The New York Rules of Professional Conduct Annotated”, Oxford University Press, New York, 2010.
A complete list of Mr. Tesser’s speaking engagements and publications is available if you would like to learn more about Mr. Tesser’s work.
Representative Cases
In Re Zhang, 376 Fed. Appx. 104 (2d Cir. 2010)
Continental Casualty Co. v. JBS Construct. Mgmt., 2010 U.S. Dist. LEXIS 85467 (S.D.N.Y. 2010)

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